Companies are facing critical business challenges in regard to their most important asset – their people. While workforce transformation is not a new concept for global organizations, the pandemic has forced us to rapidly adapt our standard ways of working and how we engage with employees to ensure the long-term viability of the business. We
We are pleased to share a recent SHRM article, “Restructuring Your Organization Post-Pandemic? Maintain DE&I Commitments,” with quotes from Mike Brewer. The articles discusses employers should be careful not to backtrack on progress made last year toward diversity, equity and inclusion (DE&I) as they prepare for a post-pandemic world, restructuring and reorganization to account for…
On April 16, Governor Gavin Newsom signed a statewide right of recall law (Senate Bill 93). SB 93 is similar to the Los Angeles City recall ordinance and the San Francisco right to reemployment legislation. It is effective immediately and will remain in effect through December 31, 2024.
Here’s what you need to know:
The new law does not apply to all employers. It applies generally to hotels, private clubs, event centers, airport hospitality operations, and airport service providers, while also applying specifically to janitorial, building maintenance and security services provided to office, retail and other commercial buildings.
- “Hotel” means a residential building that is designated or used for lodging and other related services for the public, and containing 50 or more guest rooms, or suites of rooms (adjoining rooms do not constitute a suite of rooms). “Hotel” also includes any contracted, leased, or sublet premises connected to or operated in conjunction with the building’s purpose, or providing services at the building.
- “Private club” means a private, membership-based business or nonprofit organization that operates a building or complex of buildings containing at least 50 guest rooms or suites of rooms that are offered as overnight lodging to members.
- “Event center” means a publicly or privately owned structure of more than 50,000 square feet or 1,000 seats that is used for the purposes of public performances, sporting events, business meetings, or similar events, and includes concert halls, stadiums, sports arenas, racetracks, coliseums, and convention centers.
- The term “event center” also includes any contracted, leased, or sublet premises connected to or operated in conjunction with the event center’s purpose, including food preparation facilities, concessions, retail stores, restaurants, bars, and structured parking facilities.
- “Airport hospitality operation” means a business that prepares, delivers, inspects, or provides any other service in connection with the preparation of food or beverage for aircraft crew or passengers at an airport, or that provides food and beverage, retail, or other consumer goods or services to the public at an airport.
- “Airport service provider” means a business that performs, under contract with a passenger air carrier, airport facility management, or airport authority, functions on the property of the airport that are directly related to the air transportation of persons, property, or mail, including, but not limited to, the loading and unloading of property on aircraft, assistance to passengers under Part 382 (commencing with Section 382.1) of Title 14 of the Code of Federal Regulations, security, airport ticketing and check-in functions, ground-handling of aircraft, aircraft cleaning and sanitization functions, and waste removal.
- “Building service” means janitorial, building maintenance, or security services.
The California Supreme Court recently established new law on two important topics for meal period compliance and litigation. Donohue v. AMN Services, LLC (2021) San Diego Superior Court, Case No. S253677 (February 25, 2021). First, the Court held that California employers cannot round time punches for meal periods. Second, the Court held that time records showing noncompliant meal periods raise a rebuttable presumption of meal period violations. The Donohue Court also implicitly approved a method for employers to use to determine whether meal period premiums should be paid for missed, short or late meal periods.
For the last year, employers have faced unprecedented challenges navigating the impact of the pandemic. Keeping up with scores of new laws, evolving standards, shelter-in-place orders (see our tracker here), quarantine restrictions and more has meant no rest for the weary. And, in the backdrop, there’s the looming threat of employment litigation arising from…
The DOL’s just-issued final rule on employee vs. independent contractor classifications under the FLSA seems likely to be reversed. On January 20, the White House issued a memorandum to the heads of all executive departments and agencies ordering them to halt all non-emergency rulemaking and regulatory activity issued under the previous administration pending review by…
In his first day in office, President Joe Biden signaled that his administration will take a different approach to D&I in the workplace than the previous administration. Corporate leaders should continue investing in D&I work, implementing policies that create equity and foster inclusion for underrepresented minorities, such as enforcing zero-tolerance rules for discrimination, harassment and…
We identified and mapped out our most relevant blog posts, articles and video chats to serve as a quick and handy roadmap to recovery and renewal for your company.
Our 2021 Employment & Compensation Resource Navigator provides US multinational companies organized links to Baker McKenzie’s most helpful, relevant thought leadership in one brief document. Arranged…
Listen to our discussion on what employers can do to keep a calm, cooperative workplace even with the stress of the current political climate. This quick chat takes into account recent political tensions that have been roiling for some time now and hit an all-time high last week when armed rioters stormed the Capitol Building…
Special thanks to Liliana Hernandez-Salgado for this update.
Mexico has new teleworking regulations that were published today and will come into effect tomorrow.
The main actions that employers should implement under these new regulations are:
- Update individual employment agreements for new employees who will be working remotely.
- Draft agreements to include teleworking obligations for existing